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Suamico trustees find colleague violated code of ethics over ‘burn the barn’ remark

Village of Suamico Village Board · August 6, 2024
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Summary

On Aug. 5 the Suamico Village Board voted 4–2–1 that Trustee Neto violated employee conduct in conjunction with the village code of ethics for threatening remarks about the Howard Suamico Historical Committee’s barn; the board directed staff to draft a censure process for future use.

The Suamico Village Board voted on Aug. 5 that Trustee Neto violated the village’s employee conduct standards and code of ethics for threatening remarks related to the Howard Suamico Historical Committee’s barn. The motion, made by Trustee Andrews and seconded by Trustee Schneider, passed on roll call 4–2–1 after an amendment specifying “employee conduct in conjunction with the village’s code of ethics.”

The vote followed several hours of discussion after Trustee Andrews asked the board to consider a recent exchange in which he said Trustee Neto had used the phrase that he would “burn down the barn” if a committee president did not change behavior. Trustee Andrews cited the employee handbook’s anti-harassment and workplace-violence language and said the remarks created duress and public concern. “When you are as a part of this board … the words that we use are you have to choose them very carefully,” a trustee said during debate.

Trustee Neto acknowledged saying the phrase during a private conversation, telling the board, “Did I say burn it down? Yeah. I did. I’ve been saying that term for over 30 years for something to disappear.” Several trustees said the colloquial history of the phrase did not remove its potential to intimidate when used by an elected official. Attorney Ashley Lahockey advised the board that while elected officials cannot be fired, the policies and self-imposed rules the board has adopted apply to trustees and that failure to act in some harassment situations could expose the village to liability. “You as elected officials are still required though to comply with the policies of the village,” Lahockey said.

Trustees debated whether enforcement would implicate First Amendment concerns and whether the language in question met the legal threshold of a criminal threat. Several trustees urged restraint and argued the board should preserve free-speech protections; others said the board should record its disapproval. Trustee Andrews moved that the board find Trustee Neto in violation of employee conduct in conjunction with the village code of ethics for threatening remarks made prior to June 17, 2024; Trustee Schneider seconded. Trustee Schneider then moved an amendment to clarify the motion’s reference to employee conduct and the village code of ethics. The amendment passed on roll call (Andrews, Schneider, Stevens and President Van Raza — ayes; Eckert and Romas — nays; Trustee Nettle recused), and the amended main motion subsequently passed on roll call with the same breakdown, recorded as motion carries 4–2–1.

The board concluded the item by directing village staff to draft language for a censure process so the board has a clearer procedure if similar conduct arises in the future. The directive to staff was offered for consideration at a subsequent meeting; the motion finding a violation appeared in the meeting minutes as the board’s formal record of disapproval. No civil or criminal action was announced at the meeting; trustees discussed that any further punitive steps or legal ramifications would be handled separately and in accordance with statute and village policy.

Next steps: staff was asked to draft censure-process language for future consideration and to include the motion language in the official minutes.